Buyer Beware?

maryjane01

Don't worry about it. You were honest and it is unfortunate for your buyers the flat roof failed after purchase. They should have their own insurance, but may not be able to claim because sometimes insurance is void if houses are empty for exactly this reason, somwthing may start as a small trickle and nobody is there to notice, so it turns into major damage. Not your problem.

timmyt

BitterAndTwisted wrote: »

These buyers are flying a kite! Most solicitors will write any letters you like as long as they're not libellous and you pay their fee. I suspect that the buyer's solicitor has already warned them that they won't get anywhere with their threats but has agreed to write a letter on their behalf in any case.

Please don't waste too much money on hiring a legal professional to respond. They're obviously newbie buyers who don't understand the concept of "caveat emptor" who should have paid for a proper survey and chose not to.

If the flat roof wasn't leaking on the date of completion then it ceased to be your responsibility on that date.

Depending on the repairs involved, misrepresentation claims are pursued.

But, buyer beware is a defence unless you gave false information.

the easiest solution is to reply saying that you 'fully deny your claims and all correpsondence should be addressed to oursolicitors....'

good luck

G_M

I agree with the gist of all the above replies.
* Buyer should have had a survey done
* Buyer should have their own insurance

Just to be 100% clear,this damage ocurred AFTER Completion but before they moved in?
How long after? I ask since if the gap was over 30/45/60 days (depending on insurer) this may well explain why their insurers are rejecting their claim (maximum period property is unoccupied).

Get receipts/reports together from builders for as many of the inspections as you can, just in case.

I'd respond as per Timmy above but wouldn't even refer them to your solicitor - why incur a legal cost when the claim against you is so blatantly weak?

'fully deny your claims and will not enter into any further correspondance'.

BitterAndTwisted

The vendors had the roof checked by a builder who gave it the all-clear before they put it up for sale and can presumably prove that in writing if necessary.


The purchase was completed months ago. How long after purchase do you think vendors should be held responsible?

The buyers chose not to have a proper survey done, so if there was anything needed to be done to the roof presumably it would have been picked up and addressed then.

The property was left vacant after purchase during the coldest winter for decades, so if the problem developed after completion no-one would have been there to notice it getting worse and worse.

dorsoduro

G_M wrote: »

Just to be 100% clear,this damage ocurred AFTER Completion but before they moved in?
How long after?

It did - all was well when we completed in November 2010; the purchasers were converting part of the house into business premises, so the property was empty apart from builders working there (and still is). The first we heard about a problem was four weeks after we moved, when a friend (also a neighbour) rang to tell us that builders were swarming all over the flat roof.

After the initial panic this morning, my DH and I have carefully established a few more facts, a salient one being that the only time we were asked about the roof was after completion, when the purchaser rang to ask if we had had problems in the past. We had not, and replied (by text) to this effect.

In addition, we have put together various emails etc and confirmed that we organised a roofer to look at the roof before exchange - he said "I'll take your money if you like, but ...". We took this to mean that nothing needed doing.

Sorry if some of this detail seems a little pedantic, but you lovely lot can't help me if I don't give you the full story...

dorsoduro

BitterAndTwisted wrote: »

The property was left vacant after purchase during the coldest winter for decades, so if the problem developed after completion no-one would have been there to notice it getting worse and worse.

Correct.

And don't laugh, but the purchasers are also pursuing the building society's valuer for the fact the cellar is damp; this we know because the solicitors enclosed a copy letter outlining their case.

Aren't all cellars in old houses damp?

sooz

dorsoduro wrote: »

After the initial panic this morning, my DH and I have carefully established a few more facts, a salient one being that the only time we were asked about the roof was after completion, when the purchaser rang to ask if we had had problems in the past. We had not, and replied (by text) to this effect.

In addition, we have put together various emails etc and established that we asked a builder to look at the roof in March 2010 prior to our purchaser doing what we imagined would be a full survey - he identified a few items needing attention, but then (at our request, some time later) organised a roofer to look again who said "I'll take your money if you like, but ...". We took this to mean that nothing needed doing but you lovely lot can't help me if I don't give you the full story...

So the buyers raised no questions to you or your solicitor about the roof until after completion?

However, I am confused by your account of the roof inspections
you had. One in march said it needed work, but roofer sent by same builder said not needed?

sooz

Can't edit posts properly on my phone.

Cont...

If the buyers did not ask you about the roof til after completion, and no problems occurred til after completion, I'd tell them to p... off.

olly300

sooz wrote: »

So the buyers raised no questions to you or your solicitor about the roof until after completion?

However, I am confused by your account of the roof inspections
you had. One in march said it needed work, but roofer sent by same builder said not needed?

There is nothing to be confused by.

Professionals inspect things and give you advice based on their own opinion.

If the roof definitely needed work then the roofer would have agreed with the builder.

olly300

dorsoduro wrote: »

Correct.

And don't laugh, but the purchasers are also pursuing the building society's valuer for the fact the cellar is damp; this we know because the solicitors enclosed a copy letter outlining their case.

Aren't all cellars in old houses damp?

Seriously tell them to Foxtrot Oscar - but do it politely in writing.

If they bother to take it to court they don't have a legal leg to stand on.

All questions about the property should have been asked before they exchanged on the property.

And don't send them any documents, simply send them the letter as suggested that you will not enter into further correspondence and deny all responsibility for the faults.

At the same time compile a pile of documents in a box showing that the only correspondence you received about the condition of the property was after you exchanged contracts.